Resolution No. 173 Issuance of the South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds

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cdSection 5. At the option of the successful bidder or bidders on the Bonds, the Bonds may be aggregated into one (1) or more term bonds payable from mandatory sinking fund redemption payments (the "Term Bonds") as provided in the Hall and Century Center Trust Agreements, respectively. The Term Bonds shall have a stated maturity or maturities on February 1 and August 1. Such Term Bonds shall be subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date, but without premium, on February 1 and August 1 in the years and in the principal amounts as shall be set forth in maturity schedule for the Bonds to be determined by negotiation. Section 6. Each series of the Bonds shall be issued in accordance with and shall be secured by the Hall Trust Agreement and the Century Center Trust Agreement, respectively. The Authority hereby authorizes the President, Vice-President and/or the Secretary-Treasurer of the Authority to execute and attest, respectively, the 2000 Supplemental Trust Agreement and the 2001 Supplemental Trust Agreement, for and on behalf of the Authority, in such forms as approved by the President, Vice-President and/or Secretary- Treasurer, such approval to be conclusively evidenced by such authorized execution and attestation of the 2000 Supplemental Trust Agreement and the 2001 Supplemental Trust Agreement. Section 7. The Authority hereby authorizes the President, Vice-President and/or the Secretary-Treasurer, or any other officer of the Authority, to execute and attest, respectively, an addendum to the Lease, for and on behalf of the Authority, in such form as Capproved by the President, Vice-President and/or Secretary-Treasurer of the Authority, such approval to be conclusively evidenced by such authorized execution and attestation of Addendum to Lease. Section 8. The Authority hereby authorizes the President, Vice-President and/or the Secretary-Treasurer of the Authority to execute and attest, respectively, an escrow agreement (the "Escrow Agreement"), for and on behalf of the Authority, in such form as approved by the President, Vice-President and/or Secretary-Treasurer, or any other officer of the Authority, such approval to be conclusively evidenced by such authorized execution and attestation of the Escrow Agreement. Section 9. The Authority approves of the preparation of a Continuing Disclosure Undertaking Agreement in order to evidence the Authority's continuing disclosure obligations under Rule 15c2-12 promulgated by the Securities and Exchange Commission, as amended (the "SEC Rule"). The Authority hereby authorizes the President, Vice-President, and/or Secretary-Treasurer to execute and attest, respectively, the Continuing Disclosure Undertaking Agreement, for and on behalf of the Authority. Section 10. The Bonds shall be sold pursuant to the provisions of I.C. 36-7- 14.5-19 and I.C. 5-1-5, to the Underwriter at a price not less than ninety-nine percent (99%) of par in accordance with a Bond Purchase Agreement to be entered into with respect thereto. The Authority hereby authorizes the President, Vice-President and/or the Secretary-Treasurer of the CAuthority to execute and attest, respectively, the Bond Purchase Agreement, for and on behalf of -3- BDDBOI 6655580v3